BAVA METZIA 111 - Dedicated by Mrs. G. Kornfeld for the ninth Yahrzeit of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), on 25 Av 5770. Mrs. Turkel an exceptional woman with an iron will who loved and respected the study of Torah.

[111a - 45 lines; 111b - 56 lines]

1)[line 1]שאין פעולתו אצלוSHE'EIN PE'ULASO ETZLO- his (the worker's) employment is not with him (the Shali'ach who hired the worker) (this is learned from the verse, "לֹא תָלִין פְּעֻלַּת שָׂכִיר אִתְּךָ" "Lo Salin Pe'ulas Sachir Itecha" - "You shall not leave overnight the wage of a worker with you" (Vayikra 19:13)

2)[line 4]נותן לו שכרו משלםNOSEN LO SECHARO MI'SHALEM- he (the Shali'ach who hired the worker) pays the worker his full wages

3)[line 5]מה שההנה אותוMAH SHE'HEHENEH OSO- that which he (the Shali'ach) caused him (the employer) to benefit

4)[line 7]לשמעיהSHAM'EI- his servant, attendant

5)[line 8]אגיר לי פועליםAGIR LI PO'ALIM- hire workers for me

6)[line 10]הני שוקאי דסוראHANEI SHUKA'EI D'SURA- these market-goers (merchants who receive their money on market day) of Sura

7)[line 23]הכובש שכר שכירHA'KOVESH SECHAR SACHIR- one who withholds the wage of a hired worker

8)[line 23]עובר בה' שמותOVER B'CHAMISHA SHEMOS- he transgresses five different Torah prohibitions (see Background to Bava Metzia 110:31)

9)[line 26]הני דאיכא ביממא ליכא בליליא; דאיכא בליליא ליכא ביממא?!HANEI D'IKA BI'YEMAMA LEIKA B'LEILYA; D'IKA B'LEILYA LEIKA BI'YEMAMA?!- these [prohibitions] that apply during the day (i.e. to a day-worker) do not apply to the night (i.e. to a night-worker); these [prohibitions] that apply during the night (i.e. to a night-worker) do not apply to the day (i.e. to a day-worker). (How, then, can you say that one transgresses five Lavim at one time?)

10)[line 27]שם שכירות בעלמאSHEM SECHIRUS B'ALMA- [these five prohibitions apply to] the general category of the wages of hired workers (but one does not transgress all of them in a single case)

11a)[line 29]איזהו עושק שחייבה עליו תורה קרבן?EIZEHU OSHEK SHE'CHIYEVAH ALAV TORAH KORBAN?- For what type of Oshek - theft through defrauding - is a person obligated to bring a Korban?

b)[line 29]דומיא דפקדון, דקא כפר ליה ממונאDUMYA D'FIKADON, D'KA KAFAR LEI MAMONA - [the type that is] similar to a Pikadon, where one denies owing money to the claimant (SHEVU'AS HA'PIKADON / ASHAM GEZEILOS)

(a)A person who steals money (or an object of monetary value) from a fellow Jew, or denies owing him an object that was deposited in his care, then swears falsely that he is not in possession of the money (and thereby exempts himself from paying), and later admits his sin, must return what he stole, pay a fine of Chomesh - an additional fifth (of the ensuing total, or a quarter of the original value), and bring a Korban Asham to receive atonement. The animal offered is a ram that costs at least two Sela'im. (Vayikra 5:20-26; see Background to Bava Kama 103:13)

(b)The verse includes (in the category of wrongfully taking someone else's money or object) both an act of "Gezel" (stealing) and an act of "Oshek" (fraud): "If a person sins, and commits treachery against HaSh-m; and lies to his neighbor about an object that was delivered to him to guard, or about money given to him as a loan, or about an object taken away by force, or he has defrauded his neighbor; or he found a lost object, and he denied it, and he swore falsely; about any one of these things that a person can do as a sin..." (Vayikra 5:21-22; see next entry). Our Gemara explores what the difference is between Gezel and Oshek.

12)[line 36]"...וכיחש בעמיתו בפיקדון, או בתשומת יד או בגזל, או, עשק את עמיתו""V'CHICHESH BA'AMISO B'FIKADON O VI'SESUMES YAD O V'GAZEL, O ASHAK ES AMISO"- "[If a person sins, and commits treachery against HaSh-m,] and lies to his neighbor about an object that was delivered to him to guard, or about [money given to him as] a fellowship (a loan), or about an object taken away by force, or he has defrauded his neighbor." (Vayikra 5:21)

13)[line 41]המחהו אצל חנוניHIMCHAHU ETZEL CHENVANI- he transferred the wages to a storeowner (so that the storeowner would give the worker food in the amount of the value of his wages)

14)[line 41]שולחניSHULCHANI- a moneychanger


(a)All Shevu'os d'Oraisa, oaths of Torah origin, involve making a Shevu'ah to exempt oneself from payment or liability, and not making a Shevu'ah to extract payment from someone. This is derived from the verse, "An oath of HaSh-m shall be between the two of them... and the owner shall accept it and he shall not pay" (Shemos 22:10). The Rabanan instituted certain oaths that do not follow this rule, where the person who swears collects his claim after he takes his oath (Mishnah Shevu'os 44b).

(b)One of those people who are "Nishba'in v'Notlin" ("who swear and collect") is a Sachir, a laborer who has completed his work. The Rabanan reasoned that employers may be too busy to distinguish one worker for another, and may mistakenly think that they have paid a certain worker who has not in actuality received his wages. The Sachir therefore swears and collects his wages.

16)[line 42]עבר זמנוAVAR ZEMANO- if the time his payment was due has passed

17)[line 43]גר תושבGER TOSHAV

The Gemara (Avodah Zarah 64b) quotes three opinions regarding who is a Ger Toshav. Rebbi Meir maintains that a Ger Toshav is a Nochri who accepts upon himself, in front of three "Chaverim" (Talmidei Chachamim), not to worship idols. The Chachamim say that a Ger Toshav is a Nochri who accepts upon himself to observe the seven Mitzvos of Benei Noach (see Background to Avodah Zarah 46:4). Acherim maintain that the above opinions are incorrect, and that a Ger Toshav is a Nochri who accepts all of the Mitzvos except for not eating Neveilos (animals that were not slaughtered properly). See Insights to the Daf and Audio Shi'ur to Avodah Zarah 64: Ger Toshav.


18)[line 1]לאחריםACHERIM- others (i.e. Nochrim)

19)[line 1]גר צדקGER TZEDEK- a convert who accepts upon himself all of the Mitzvos

20)[line 2]אוכל נבילותOCHEL NEVEILOS- a Nochri who eats non-Kosher meat

21)[line 31]דלא כסיף למתבעיהLO CHASIF L'MISBE'EI- he is not embarrassed to demand his payment

22)[line 50]משום דלא טרח ביהMISHUM D'LO TARACH BEI- because he did not toil for it (and therefore it is permitted to take it from him)

23)[line 55]לבצור לו אשכול אחד של ענביםLIVTZOR LO ESHKOL ECHAD SHEL ANAVIM- even if the employer hired him to pick only one cluster of grapes, the employer will still transgress "Lo Salin" if he withholds the worker's wages